Chew v. Philadelphia Rapid Transit Co.

Opinion by

Cunningham, J.,

The plaintiff in the court below while engaged as an employe of the City of Philadelphia in repairing an asphalt street was struck and injured by a trolley car operated by an employe of the defendant company and recovered a verdict for his damages. Counsel for defendant, contending that there was not sufficient evidence of negligence on the part of the motorman to justify the submission of the case to the jury and that the proximate cause of plaintiff’s injuries was his own negligence, presented a point for binding instructions, which the learned trial judge refused…